Chapter 8.08
PUBLIC NUISANCES1
Sections:
8.08.040 Public nuisances unlawful.
8.08.070 Authorized act not a public nuisance.
8.08.080 Successive owners or occupants liable.
8.08.090 Abatement does not preclude action for damages.
8.08.100 Public nuisance vehicles.
8.08.110 Voluntary cleanup program.
8.08.120 Notice of civil violation.
8.08.130 Hearing before the hearing examiner.
8.08.140 Abatement by the town.
8.08.150 Additional enforcement procedures.
8.08.010 Purpose.
The purpose of this chapter is to:
A. Declare that it is a public nuisance and unlawful to accumulate, burn, dump, deposit, place or store solid waste except as allowed by this chapter;
B. Declare that it is a public nuisance and unlawful to accumulate, park, or store extensively damaged vehicles or inoperable vehicles except as allowed by this chapter;
C. Reduce the inherent public health and safety problems associated with the unlawful accumulation, burning, dumping, depositing, placing or storage of solid waste;
D. Reduce the inherent public health and safety problems associated with the unlawful accumulation, dismantling, parking, placing, or storage of extensively damaged vehicles or inoperable vehicles;
E. Minimize the likelihood of injury resulting from children playing on or around the unlawful accumulation, burning, dumping, depositing, placing or storage of solid waste;
F. Minimize the likelihood of injury resulting from children playing on or around the unlawful accumulation, dismantling, parking, placing, or storage of extensively damaged vehicles or inoperable vehicles;
G. Establish procedures for the voluntary correction, removal, or abatement of solid waste which has been unlawfully accumulated, burned, dumped, deposited, placed or stored;
H. Establish procedures for the voluntary correction, removal or abatement of extensively damaged vehicles or inoperable vehicles which have been unlawfully accumulated, dismantled, parked, placed, or stored;
I. Decrease the likelihood of criminal conduct associated with the unlawful accumulation, burning, dumping, depositing, placing or storage of solid waste;
J. Decrease the likelihood of criminal conduct associated with the unlawful accumulation, dismantling, parking, placing, or storage of extensively damaged vehicles or inoperable vehicles;
K. Establish procedures for the prosecution of violators of this chapter. (Ord. 666 § 2, 2006).
8.08.020 Construction.
This chapter is an exercise of the enforcement power of the town of Waterville and is deemed necessary for the continued peace, health and welfare of the town and its residents. Therefore all its provisions shall be liberally construed for the accomplishment of such purposes. (Ord. 666 § 2, 2006).
8.08.030 Definitions.
For the purpose of this chapter, certain terms, phrases, and words, and their derivatives, shall have specific meanings as defined in this section. Terms, phrases, and words used in the singular shall also apply to the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter genders.
“Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the compliance officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.
“Building” means any building, dwelling, structure, or mobile home, factory built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
“Building materials” means and includes, but is not limited to, lumber, plumbing materials, wall board, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials.
“Compliance officer” means the mayor of the town of Waterville or his designee.
“Extensively damaged vehicle” means a vehicle that has visible damage to, or is missing, a minimum of three of the following parts or components:
1. Frame;
2. Axle;
3. Surface panels;
4. Doors;
5. Fender;
6. Window or windshield;
7. Headlight or front signal light;
8. Taillight, brake light, or rear signal light;
9. Engine;
10. Transmission;
11. Wheels or tires;
12. Steering wheel;
13. Radiator;
14. Battery;
15. Any other major mechanical or electrical equipment; or
16. Visible damage or a lack of any other similar component identified by the compliance officer when inspecting the vehicle.
“Hearing examiner” means the person appointed by the Waterville town council, in accordance with the Waterville Municipal Code.
“Inoperable vehicle” means a vehicle that cannot be legally operated on the public right-of-way because it cannot be started and set in motion under its own power such that it is capable of moving 100 feet in both forward and reverse direction.
“Landowner” includes a legal owner of property or a person with possession or control of property.
“Litter” means all solid waste including, but not limited to, disposable packages or containers, cardboard boxes, cans, bottles, paper, plastic, paper bags, packages, wrapping, printed matter, or other materials thrown or deposited on public or private property, including depositing handbills on vehicles or public property.
“Person responsible for the violation” means any person who has any interest in or resides on the premises or property, whether as owner, lessor, tenant, occupant or other person entitled to control, use and/or occupy the premises or property.
“Persons” means any individual, firm, partnership, corporation, association or other entity, public or private, whether acting by themselves or by a servant or employee.
“Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
“Property” means any object of value that a person may lawfully acquire and hold.
“Public nuisance” means:
1. An act or omission to act, or a condition or use of premises or property which either annoys, injures or endangers the comfort, repose, health or safety of the public; offends public decency; decreases the value of nearby premises or property; or in any way renders other persons insecure in life or in the use of premises or property.
2. The erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, public water (including lakes, rivers and/or streams), or other public or private place in the town, any one or more of the following conditions, things, or acts:
a. Accumulations of solid waste, except a compost pile so covered or concealed as not to affect the health, safety or depreciation of adjoining premises or property;
b. Burning or disposal of solid waste in such a manner as to cause or permit dense smoke, ashes, soot or gases arising from such burning or disposal to become annoying or endangering the health, comfort or repose of any person or the general public. The burning of small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns or gardens is allowed;
c. Carcasses of animals not removed, buried or destroyed within 24 hours after death;
d. All limbs of trees overhanging a public sidewalk which are less than 10 feet above the surface of said sidewalk, or overhanging a public roadway which is less than 12 feet above the surface of said roadway;
e. The existence of any vines or climbing plants growing into or over any road, public hydrant, power or light pole; or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, stand pipe, sprinkler system connection or any other appliance or facility providing for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto; or obstruct or interfere with the proper diffusion from the light from any light pole;
f. Any use of premises or property abutting on a public roadway or sidewalk or any use of public roadway or sidewalk which causes any obstruction of traffic and the free use of the roadways or sidewalks; provided, that this subsection shall not apply to events, programs or parades authorized by the Waterville town council;
g. Any use of premises or property abutting on a public drainage ditch or storm water control system which causes any obstruction of water; provided, that this subsection shall not apply to sand or gravel from street construction and snow plowing;
h. Any poisonous or harmful substance which is reasonably accessible to persons or to animals;
i. Any attractive nuisance which may prove detrimental to children which is left in any place exposed or accessible to children. This includes, but is not limited to, unused or abandoned refrigerators, freezers, or like containers, or other large appliances or equipment or parts thereof; extensively damaged vehicles; inoperable vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; any lumber, refuse, debris or vegetation which may prove a hazard to minors;
j. The existence of any dead, diseased, infested or dying tree or other vegetation that may constitute a danger to premises, property or persons;
k. The existence of any fence or other structure which creates any traffic safety problem through obscured sight distance;
l. The existence of any fence or structure or thing which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition on private property abutting or fronting upon any public roadway, sidewalk or place;
m. The existence of any fence or other structures located in a public right-of-way without specific approval from the town;
n. Any accumulation of solid waste on premises or property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored or neatly piled, cans, cement, crates, empty barrels, dead animals or animal waste, glass, litter, mattresses or bedding, old appliances, equipment or any parts thereof, vehicles or any parts thereof, furniture, iron or other scrap metal, packing cases, packing material, plaster, plastic, rags, refuse, wire, yard waste or debris or other objects which endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention of solid waste in covered receptacles approved by the town;
o. Any dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings, or any building, structure, or addition to such, commenced and left unfinished six months beyond the expiration of the building permit issued for the building or 12 months from the date of building commencement if no building permit was required to be issued;
p. The nonemergency repair of any automobile, truck or other motor vehicle of any kind upon the public roadways, alleys or other public property of the town;
q. The erection, continuance or use of any building, room or other place in the town for the exercise of any trade, employment or manufacture which, by producing noxious fumes, offensive odors or other annoyances, is discomforting, offensive or detrimental to the health of individuals or of the public;
r. Any unguarded or abandoned excavation, pit, well, or holes which could endanger health and safety.
“Public nuisance vehicle” means any extensively damaged vehicle or inoperable vehicle, or the parts thereof, which has been accumulated, dismantled, parked, placed, or stored on premises or property in violation of this chapter.
“Refuse” means vegetable offal, animal offal, discarded food, cans, bottles, waste paper, boards and boxes, tree limbs and all other waste substances from private and public establishments and from residences; but shall not include small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns or gardens.
“Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought or a notice of civil violation has been issued, within the immediately preceding 12-consecutive-month period.
“Solid waste” means any and all solid waste as defined within RCW 70.95.030 as it now exists or may hereafter be amended.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
“Vehicle” shall include, but not be limited to, automobiles, motorcycles, trucks, buses, motorized recreational vehicles, campers, travel trailers, boat trailers, utility trailers, or similar devices capable of moving or being moved on the public right-of-way, and shall also include parts of vehicles, but shall not include devices moved by human or animal power, or used exclusively upon stationary rails or tracks.
“Voluntary cleanup program” means the authorized town program to provide financial and technical assistance to persons who voluntarily agree to enter into an agreement with the town to abate the public nuisance. (Ord. 666 § 2, 2006).
8.08.040 Public nuisances unlawful.
Unless otherwise permitted by law and whenever the compliance officer determines that any public nuisance exists upon any premises, the compliance officer may require or provide for the abatement thereof pursuant to this chapter. (Ord. 666 § 2, 2006).
8.08.050 Exempted acts.
This chapter shall not apply to the United States, the state of Washington, Douglas County, the town of Waterville or any of their respective officers, employees or contractors when engaged in snow removal, street cleaning, emergency repair of any street, building or structure, fire suppression, or any other emergency for the preservation of life or property. (Ord. 666 § 2, 2006).
8.08.060 Prohibited conduct.
It shall be unlawful for any person responsible for the violation to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a public nuisance or to violate any of the provisions of this chapter. (Ord. 666 § 2, 2006).
8.08.070 Authorized act not a public nuisance.
No act which is done or maintained under the express authority of a statute or ordinance can be deemed a public nuisance. (Ord. 666 § 2, 2006).
8.08.080 Successive owners or occupants liable.
Every successive owner or occupant of a property or premises who neglects to abate a continuing public nuisance upon or in the use of such property or premises caused by a former owner is liable therefor in the same manner as the one who first created it. (Ord. 666 § 2, 2006).
8.08.090 Abatement does not preclude action for damages.
The abatement of a public nuisance does not prejudice the right of any person to recover damages for its past existence. (Ord. 666 § 2, 2006).
8.08.100 Public nuisance vehicles.
A. One or more public nuisance vehicles, or parts thereof, which have been accumulated, dismantled, parked, placed or stored on any premises or property constitute a public nuisance which shall be abated pursuant to the provisions of this chapter and Chapter 7.48 RCW, except as follows:
1. The public nuisance vehicles, or parts thereof, are completely enclosed within a building in a lawful manner; provided, that the building and use activity for the premises or property is in compliance with the provisions of the Waterville Municipal Code, and that there is no harborage for vectors; or
2. The public nuisance vehicles, or parts thereof, are completely and permanently screened from the street or other public or private premises or property; provided, that the screening type and use activity for the premises or property is in compliance with the provisions of the Waterville Municipal Code, and that there is no harborage for vectors; or
3. The public nuisance vehicles, or parts thereof, are stored or parked in a lawful manner on private premises or property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, licensed vehicle dealer, junk salvage or wrecking yard, provided the business is in compliance with the provisions of the Waterville Municipal Code, the premises or property is fenced as required by RCW 46.80.130, and that there is no harborage for vectors.
4. A vehicle that has a valid current Washington State Department of Licensing collector plate that meets the definition and requirements of the Department. A vehicle claimed to be a “collectable,” “classic,” or other similar status shall not be deemed as such unless meeting the requirements for a collector vehicle plate as determined by the Department.
B. Ownership and vehicle registration status have no bearing on the determination of a vehicle as a public nuisance vehicle.
C. Upon being notified by the town of Waterville of the presence of a public nuisance vehicle, a landowner of the premises or property on which the public nuisance vehicle is located shall, within 45 days, remove the public nuisance, provide the town of Waterville with written proof that the public nuisance was removed in full compliance with all applicable laws, codes, and ordinances, and shall prevent a reoccurrence of the public nuisance.
D. Failure to remove the public nuisance within 45 days constitutes a Class I civil infraction. Violations shall be assessed in accordance with the Waterville Municipal Code.
E. A public nuisance vehicle may be abated by any lawful means. Abatement costs shall be charged against the last registered owner of the public nuisance vehicle and/or the person responsible for the violation. This may include the landowner of the premises or property but also any tenant or occupant, regardless of whether the tenancy or occupancy is legal or not. (Ord. 768 § 4, 2016; Ord. 666 § 2, 2006).
8.08.110 Voluntary cleanup program.
A. This section authorizes the town of Waterville to establish a voluntary cleanup program, through its compliance officer, to provide financial and technical assistance to the person responsible for the abatement of the public nuisance.
B. The town of Waterville may restrict participation in the voluntary cleanup program authorized by this section based upon the person having committed other violations of the Waterville Municipal Code.
C. The town of Waterville may establish additional eligibility requirements for the voluntary cleanup program authorized by this section. These additional requirements may set limits on the types or amount of financial and technical assistance to be provided to a person and limits on how many times a person may participate in the voluntary cleanup program.
D. In order to be eligible for the voluntary cleanup program the person responsible for the violation shall be officially notified in writing of the public nuisance and what actions must be taken by the person in order to become compliant.
E. The compliance officer shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation, where possible, explaining the public nuisance, and requesting compliance.
F. A voluntary correction agreement may be entered into between the person responsible for the violation and the town of Waterville, acting through its compliance officer.
1. The voluntary correction agreement is a contract between the town of Waterville and the person responsible for the violation under which such person agrees to abate the public nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
a. The name and address of the person responsible for the violation; and
b. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the public nuisance is occurring; and
c. A description of the public nuisance; and
d. The necessary corrective action to be taken, and a date or time by which compliance must be completed; and
e. An agreement by the person responsible for the violation that the town of Waterville may inspect the premises or property as may be necessary to determine compliance with the voluntary correction agreement; and
f. An agreement by the person responsible for the violation that the town of Waterville may abate the public nuisance and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the violation if terms of the voluntary correction agreement are not met; and
g. An agreement that by entering into the voluntary correction agreement the person responsible for the violation waives the right to an administrative appeal of the public nuisance and/or the required corrective action.
2. The person responsible for the violation waives the right to an administrative appeal of the public nuisance and the required corrective action upon entering into a voluntary correction agreement.
3. The town of Waterville shall have the right to enter upon and inspect the subject premises or property to determine compliance with the terms of the voluntary correction agreement.
4. An extension of the time limit for correction or a modification of the required corrective action may be granted by the compliance officer if the person responsible for the violation has shown due diligence and/or substantial progress in abating the public nuisance but unforeseen circumstances render abatement under the original conditions unattainable.
5. The town of Waterville may abate the public nuisance in accordance with the Waterville Municipal Code if the terms of the voluntary correction agreement are not met.
6. If the terms of the voluntary correction agreement are not met, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with the Waterville Municipal Code. (Ord. 666 § 2, 2006).
8.08.120 Notice of civil violation.
A. When the compliance officer determines that a public nuisance has occurred or is occurring, and is unable to secure voluntary correction, the compliance officer may issue a notice of civil violation to the person responsible for the violation. The compliance officer may issue a notice of civil violation without having attempted to secure voluntary correction, under the following circumstances:
1. When an emergency exists; or
2. When a repeat violation occurs; or
3. When the violation creates a situation or condition which cannot be corrected; or
4. When the person knows or reasonably should have known that a public nuisance is occurring; or
5. When the person cannot be contacted or refuses to communicate or cooperate with the compliance officer in correcting the violation.
B. The notice of civil violation shall include the following:
1. The name and address of the person responsible for the violation; and
2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the public nuisance is occurring; and
3. The tax parcel number(s) of the premises or property; and
4. A description of the public nuisance; and
5. The required corrective action and a date and time by which the correction must be completed after which the town of Waterville may abate the public nuisance in accordance with the Waterville Municipal Code; and
6. The date, time and location of an appeal hearing before the hearing examiner shall be scheduled not less than 10 calendar days and not more than 30 calendar days from the date the notice of abatement is issued; and
7. A statement indicating that the hearing will be cancelled and no monetary penalty will be assessed if the compliance officer approves the completed, required corrective action at least 48 hours prior to the hearing; and
8. A statement that the costs and expenses of abatement incurred by the town of Waterville plus any monetary penalty as specified within the Waterville Municipal Code may be assessed against the person to whom the notice of civil violation is issued as recommended by the hearing examiner and subsequently approved by the Waterville town council; and
9. A statement that the hearing examiner’s recommended decision is subject to the Waterville town council’s review at a public meeting and approval, vacation or modification within 30 calendar days of the date of the hearing examiner’s written recommended decision; and
10. A statement that the Waterville town council will be limited to the hearing examiner’s record of the hearing, the recommended decision and that the Waterville town council’s decision shall be final.
C. The compliance officer shall serve the notice of civil violation upon the person to whom it is issued, either personally or by mailing, certified, return receipt requested, a copy of the notice of abatement to such person at his last known address. If the person to whom the notice is issued cannot after due diligence be personally served within Douglas County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the notice of abatement conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
D. No extension of the time specified in the notice of civil violation for correction of the public nuisance may be granted, except by order of the Waterville town council.
E. The monetary penalty for each day the public nuisance is permitted to continue or portion thereof shall be as follows:
1. First day, $100.00;
2. Second day, $200.00;
3. Third day, $300.00;
4. Fourth day, $400.00;
5. Each additional day beyond four days, $500.00 per day.
F. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of civil violation was issued of the duty to correct the public nuisance.
G. The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is issued. Any monetary penalty assessed must be paid to the town of Waterville within 10 calendar days from the date of mailing of the Waterville town council’s decision and order or a notice from the town of Waterville that penalties are due. The town attorney or his designee is authorized to take appropriate action to collect the monetary penalty, plus reasonable attorney’s fees and costs incurred in collecting said monetary penalty. (Ord. 666 § 2, 2006).
8.08.130 Hearing before the hearing examiner.
A. Notice. A person to whom a notice of civil violation is issued shall receive notice to appear before the hearing examiner, and the date, time and location thereof, which hearing shall be not less than 10 calendar days nor more than 30 calendar days from the date the notice of civil violation is issued. Continuances of the hearing may be granted at the discretion of the compliance officer, or by the hearing examiner for good cause shown.
B. Prior Correction of Violation. The hearing will be cancelled and no monetary penalty will be assessed, if the compliance officer approves the completed required corrective action prior to the scheduled hearing.
C. Procedure. The hearing examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure as specified within the Waterville Municipal Code. The compliance officer and the person to whom the notice of civil violation is issued are parties to the hearing and each party may call witnesses. The town of Waterville shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred or is occurring and that the required corrective action is reasonable under the circumstances. The determination of the compliance officer as to the need for the required corrective action shall be accorded substantial weight by the hearing examiner in determining the reasonableness of the required corrective action.
D. Decision and Recommendation of the Hearing Examiner.
1. The hearing examiner shall determine whether the town of Waterville has established by a preponderance of the evidence that a violation has occurred or is occurring and that the required correction is reasonable under the circumstances, and shall recommend to the Waterville town council affirming, vacating, or modifying the compliance officer’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.
2. The hearing examiner shall issue to the Waterville town council a record of the hearing and a written recommendation for an order to the person responsible for the violation which contains the following information:
a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;
b. The required corrective action;
c. The date and time by which the correction must be completed;
d. The monetary penalties assessed based on the criteria in subsection (D)(3) of this section; and
e. The date and time after which the town of Waterville may proceed with abatement of the unlawful condition if the required correction is not completed.
3. Monetary penalties recommended for assessment by the hearing examiner shall be in accordance with the monetary penalties specified within the Waterville Municipal Code.
a. The hearing examiner shall have the following options in recommending assessments of monetary penalties:
i. Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or
ii. Assess monetary penalties beginning on the correction date set by the compliance officer or an alternate correction date set by the hearing examiner and thereafter; or
iii. Assess less than the established monetary penalty specified within the Waterville Municipal Code based on the criteria of subsection (D)(3)(b) of this section; or
iv. Assess no monetary penalties.
b. In determining the monetary penalty assessment, the hearing examiner shall consider the following factors:
i. Whether the person responded to the compliance officer’s attempts to contact the person, and cooperated to correct the violation;
ii. Whether the person failed to appear at the hearing;
iii. Whether the violation was a repeat violation;
iv. Whether the person showed due diligence and/or substantial progress in correcting the violation; and
v. Any other relevant factors.
c. The hearing examiner may recommend doubling the monetary penalty schedule if the public nuisance violation is a repeat violation. In determining the amount of the monetary penalty for repeat violations, the hearing examiner shall consider the factors set forth in subsection (D)(3)(b) of this section.
E. Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear without lawful excuse at the scheduled hearing, the hearing examiner shall enter a recommended order with findings pursuant to subsection (D)(2) of this section and recommend assessment of the appropriate monetary penalty pursuant to subsection (D)(3) of this section. Such recommendation shall be forwarded to the Waterville town council for review pursuant to subsection F of this section.
F. Town Council Review and Order.
1. The Waterville town council shall schedule a public meeting within not less than 10 calendar days nor more than 30 calendar days to review the hearing examiner’s decision.
2. The person to whom the notice of civil violation is issued shall be notified in writing of the date of such review.
3. The Waterville town council shall review the record and recommendation of the hearing examiner as set forth in subsection D of this section and may affirm, vacate or modify the recommended decision of the hearing examiner. No new testimony or evidence shall be presented. The decision of the Waterville council shall be final.
4. The Waterville town council shall issue an order to the person responsible for the violation which contains the information as set forth in subsection D of this section.
5. The town of Waterville may enforce the order and recover all related expenses, including attorneys’ fees, costs of the hearing and any monetary penalty from that person.
G. Appeal to Superior Court. An appeal of the decision or order of the Waterville town council must be filed with the Douglas County superior court within 21 calendar days from the date the town council’s decision and order was mailed to the person to whom the notice of civil violation was issued. (Ord. 666 § 2, 2006).
8.08.140 Abatement by the town.
A. Abatement. The town of Waterville may abate a public nuisance when:
1. The terms of voluntary correction agreement pursuant to WMC 8.08.110 have not been meet; or
2. A notice of civil violation had been issued pursuant to the Waterville Municipal Code and a decision and order has been issued pursuant to the Waterville Municipal Code and the required correction has not been completed by the date specified in the decision and order; or
3. The condition is subject to summary abatement as provided for in subsection B of this section.
B. Summary Abatement. Whenever a public nuisance is occurring which constitutes an immediate and emergent threat to the public health, safety or welfare of the town or to the environment, the town of Waterville may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
C. Authorized Action. Using any lawful means, the town of Waterville may enter upon the subject premises or property and may remove or correct the condition which is subject to abatement. The town of Waterville may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
D. Recovery of Costs and Expenses. The costs, including attorney’s fees and incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and shall become due and payable to the town of Waterville within 10 calendar days from the date of the billing. The term “incidental expenses” includes but is not limited to:
1. Personnel costs, both direct and indirect, including attorneys’ fees and costs;
2. Costs incurred in documenting the violation;
3. Hauling, storage and disposal expenses;
4. Actual expenses and costs of the town in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and
5. The costs of any required printing and mailing.
E. Obstruction Violation. Any person who knowingly obstructs, impedes, or interferes with the town of Waterville or its agents, or with the person responsible for the violation in performance of duties imposed by this chapter, or a decision and order issued by the Waterville town council or an agreement between the town of Waterville and the person responsible for the violation, is guilty of a civil infraction and subject to a penalty of up to $500.00 per violation. (Ord. 666 § 2, 2006).
8.08.150 Additional enforcement procedures.
The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Waterville Municipal Code except as precluded by law. (Ord. 666 § 2, 2006).
8.08.160 Conflicts.
In the event of a conflict between this chapter and any other provision of the Waterville Municipal Code or other city ordinance providing for a civil penalty, this chapter shall control. (Ord. 666 § 2, 2006).
Prior legislation: Ords. 50, 422 and 563.